Md. Yakub Ali vs The State Of West Bengal & Ors
2023 Latest Caselaw 2779 Cal

20.04.2023             IN THE HIGH COURT AT CALCUTTA
   DL-102             CONSTITUTIONAL WRIT JURISDICTION
   (PP)                     APPELLATE SIDE
                            WPA 8900 of 2023

                              Md. Yakub Ali
                                    Vs.
                       The State of West Bengal & Ors.


                     Mr. Gobinda Das Mitra
                                               ....for the petitioner.

                     Mr. Niladri Bhattacharjee,,
                     Ms. Angana Dutta
                                                        ....for WBTCL.


                     Affidavit of service filed in Court today be

             retained with the records.

                  The writ petitioner was an employee of the

             West Bengal      Transport   Corporation      Limited   (in

             short     'the WBTCL')   previously   known       as    the

             Calcutta     Tramways Company (1978) Limited. The

             writ petitioner retired from his service on April 30,

             2008.

                  The writ petitioner prays for disbursement of

             interest on the arrears of pay since April 1, 1997 to

             March 31, 2000.        The writ petitioner prays for

             calculation of interest from April 1, 2000.

                  The writ petitioner claims interest on delayed

             payments for benefits under the Revision of Pay

             and Allowance Rules, 1998 (in short, ' ROPA' ).
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       The petitioner also prays for the benefits under

the Office Memoranda dated June 23, 2000 and July

21, 2000. The petitioner was required to be paid

the said arrears by five annual installments from

November 1, 2002.          The petitioner was paid the

said arrears by 2008.

       Mr. Mitra,     learned     counsel       appearing on

behalf of the petitioner states that he is entitled

to interest for this delay in payment of arrears.

The petitioner      became      entitled   to    interest   on

arrears on account of delay beyond the scheduled

date    of    payment assured under the Memorandum

dated June 23, 2000 and July 21, 2000.

       The petitioner is entitled to claim such interest.

Due to the assurance made by the employer/State,

the claim of the petitioner has attained a statutory

colour.      This Court is of the view that the laws of

limitation are not applicable in exercise of jurisdiction

under Article 226 of the Constitution of India relying

on a judgment passed by the Apex Court reported in

2022 Live Law (SC) 785 (State of Rajasthan & Ors.

Vs. O.P. Gupta).      It has also been held in the said

decision that the Court cannot be oblivious to the

difficulties of a retired employee in approaching the

Court, which could include financial constraints.
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     The respondent shall pay interest from the

scheduled date of payment of the annual

installments by which the arrears were promised

to be paid under the Memorandum dated July

21, 2000 till the date on which they were finally

paid in 2008.

Interest to be paid @7% per annum within a

period of three months from the date of

communication of this order without insisting of

production of certified copy thereof.

In default of the payment of the aforesaid

interest within a period of three months from

date, the rate of interest shall be increased to @8%

per annum.

Since no affidavits have been invited in the

writ petition, the allegations in the writ petition be

deemed not to have been admitted by the parties.

The writ petition, WPA 8900 of 2023 stands

disposed of.

There will be no order as to costs.

All parties shall act on the server copies of

this order duly downloaded from the official

Website of this Hon'ble Court.

(Lapita Banerji, J.)